The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-05-12

JacOD 1aylOr, M. .. t1p6f. IL. WlSOu,
J. w. latham, j. A. Price, j. 81. VIII
bur, J. b. Hinkle, jr., R. w. Thomas,
w. w. McWhorter, Thomas Stone, f.
L. Grover, w. II. Sisler, j. E. Rum
ford, 1. E. Perley, E. A. Robinson. o.
w. Way, 1. Haskam, L. Walker, James
Gaughan, John Anderson, Thos. Fry,
J. NJ. Rodgers, Joe Hill, E. b. Fish, W.
III. Sisler, w. NJ. Davis, NJ. w. Gibson,
E. Dixon, Nj. Schrout, j. A. Foster, P.
H. Rich, VIM. H. Mapes, NJ. R. Roblee,
s. F. Murphy, j. Mckenzie, Thos. Rob
inson, Sam Weldon, G. A. Perkins, G.
W. White, III. E. Fox.
BY four o'clock the following jury
was selected to try the case and were
sworn in:
Jacob PETER, w. H. link, W. A.
BaysingeR, II. 81. Henry, A. T. Stout,
w. III. Swisher, Ira Henshaw, James
HI. Gaughan, w. G. Andrews, John
Ferren, Richard gasway, e. b. Fish.
The Prosecution Opens-ExamIn0tiO
OfWItnesses.
The court house was well filed this
morning as Deputy Sheriff Woster
opened. The prisoner was brought in
and the jury entered the box. County
Attorney Feighan opened the case for
the state by reviewing the facts which
are well known to our readers, concern
| ing the murder of L. D. Collier. The
prosecution intends to show the great
| friendship which existed between Col
lier and Marlborough previous to the
shooting, the row between them on Col
lier's return from Kansas City on the
evening of Nov. q, Yarborough's
threats to get even with Collier, that
Marlborough acted calmly and conversed
with people after the row at the depot
and before the depot in quiet unexci-
ted manner, that he procured pistol
of friend during the evening, that he
prowled about the house where Collier
was stopping; that he showed great
GOODNESS and elaboration in the deed,
| and that he knocked at the door of Mr..
Bundrem's home and shot Collier with
out word of warning; that he after
wards expressed a fear that lie would
be mobbed, and that he desired to be
taken to Topeka for fear of being
lynched. The Colonel spoke briefly of
the important duty devolving upon the
jury and cautioned them to weigh::the
evidence carefully and decide accord
ing to the law and the testimony. He
spoke for about fifteen minutes in a
low voice that could hardly be heard
! throughout the court room.
The first witness called was s. Pres
colt, proprietor of the Palace Hotel, at
which place Collier and Marlborough
had taken their meals. Collier was
material agent for the Santa Fe, and
Marlborough was clerking for him.
Collier went security for Yarborough's
board at the Palace hotel. The two
were very friendly. On the Saturday
before the killing. Collier went to Kan
sas City and on Monday returned on
the o'clock train with lady. Saw
Marlborough at the depot at $3.50 in the
afternoon. He invited witness to take
a drink. Saw him after the the diff
Guilty at the depot. He was excited
and had been drinking and tried to get
sidewalk and talked, said he was going
to have supper. He talked of Collier,
and said he would get revenge. He
took my hand and put my finger in his
mouth, and I felt cut there. He
talked excitedly and began striking out
with his fists as though he was mad.
After walking around ne went into the
house and sat down to supper. 1 told
him to behave himself or 1 would put
him out. He was quiet. After supper
he lOafed around the Office and talked
with the boys until o'clock.
On cross-examination witness stated
Marlborough was quiet when he saw
him at $50 O'Clock, but was excited,
crying and threatening Collier when he
saw him after the difficulty. He told
me of the row at the depot and said he
would get even with Collier. Never
saw Marlborough drunk before. Had
never known Marlborough or Collier to
have the slightest trouble before.
F. NJ. Bloomhoff, the next witness,
is an employee in the Santa Fe yard;
knew Collier and Marlborough; was IN
the reading room of the Santa Fe depot
Monday afternoon; heard loud talking
and crying; Marlborough said to Collier:
You have treated me like a Cd d-n
dog ever since you came back. There
was scuffie and the two were parted,
went down the hallway with Collier
but left him at the head of the stairs
and went back to talk with Yarbo-
rough; Collier came back struck Var
borough; he fell like a log; we lifted
him up and washed his face; the two
afterwardswent to the end of the de-
pot and wanted to fight again, but were
parted; both were very abusive; Collier
called Marlborough a 6-n-of-a-b-h
both before and after knocking him
down; did not see the difficulty in the
dispatcher's Office. The trouble arose
about Yarborough's neglect of duty
duty during Golfers absence at Kan
sas City; never saw Marlborough take
a drink; He and Collier were always
friendly. Cross-exaInined: Collier
would listed to no explanation flom
about his neglect of duty. He struck
Marlborough on the side of his neck and
head. Marlborough could not see him
strike. He fell to the floor with dull
thud and laid quiet while. He then
rose half way up, but Collier knocked
him down again. Marlborough did not
strike Collier The fight occurred at 5
O'Clock.
F. A. Burgess, traiDmaster on the
Santa Fe, testified to the friendly feel
ing between Collier and Marlborough,
testified to the difficulty in the bill
clerks Office. Saw Marlborough on the
door bleeding at the nose and bruised
in the face.
Collier went from the bill clerks
Office to the dispatcher's Office, followed
in by Marlborough. Collier turned to
leave the Office, but was stopped by
Marlborough, who struck at him and
clinched him. we separated them.
They met again ON the depot platform,
Marlborough trying to get Collier to
- =